Bound By Nature Studio:
Terms and Conditions
Terms and Conditions
Definitions Of Terms:
By hiring Bound By Nature Studio (referred to herein as "BBN Studio"), any group, company, business, organization, or individual (referred to herein as "Client") agrees to commission BBN Studio to create and deliver visual content and agrees to the following terms and conditions ("Terms of Service").
The services offered by BBN Studio under the Terms of Service include various imagery services ("Services"), including but not limited to creative photography, e-commerce photography, brand photography, product and commercial photography, retouching, styling, prop sourcing, video, and other forms of visual imagery and digital services.
By placing an order with BBN Studio, the Client acknowledges and accepts all the terms and conditions contained within the Terms of Service agreement.
BBN Studio reserves the right to update and make changes to the Terms of Service, and the Client is bound by the requirements of the most recent version of the Terms of Service at the time of purchase.
1. Services, Booking, & Content Delivery
1. a: BBN Studio Services
BBN Studio Services provided to the Client include, but are not limited to, creative photography, e-commerce photography, brand photography, product and commercial photography, retouching, styling, prop sourcing, graphic design, display design, video, and other forms of visual imagery and digital services. The Client acknowledges and accepts that BBN Studio's minimum purchase available for Services offered is five final images.
1. b: Client Instruction
The Client may provide clear instructions on how the Services will apply to their brand. BBN Studio will follow the Client's instructions given at the appropriate times, and not after. The appropriate times for the Client to provide their instructions for Services offered by BBN Studio are prior to the consultation process, during the consultation process, and any time after the consultation process, up until the Client's scheduled and finalized photoshoot date. If the Client fails to give specific instructions to BBN Studio within this time regarding the desired results of the commissioned Services, full responsibility to determine the Services' best interests will be granted to BBN Studio, and any right to a reshoot will be waived.
1. c: BBN Studio's Booking Process
1. d: Final Image/Content Delivery
BBN Studio Services provided to the Client include, but are not limited to, creative photography, e-commerce photography, brand photography, product and commercial photography, retouching, styling, prop sourcing, graphic design, display design, video, and other forms of visual imagery and digital services. The Client acknowledges and accepts that BBN Studio's minimum purchase available for Services offered is five final images.
1. b: Client Instruction
The Client may provide clear instructions on how the Services will apply to their brand. BBN Studio will follow the Client's instructions given at the appropriate times, and not after. The appropriate times for the Client to provide their instructions for Services offered by BBN Studio are prior to the consultation process, during the consultation process, and any time after the consultation process, up until the Client's scheduled and finalized photoshoot date. If the Client fails to give specific instructions to BBN Studio within this time regarding the desired results of the commissioned Services, full responsibility to determine the Services' best interests will be granted to BBN Studio, and any right to a reshoot will be waived.
1. c: BBN Studio's Booking Process
BBN Studio's Booking Process ("Booking") will be communicated with by the Client but ultimately determined by BBN Studio. The Client must schedule their Services through BBN Studio and agrees that the date of the photoshoot will be determined once the product(s) are in the possession of BBN Studio. An estimated photoshoot date will be given prior to the required product(s), prop(s), or other materials required for the Client's order being in the possession of BBN Studio, but the Client agrees that the date will only be finalized once these products, props, and materials are in the possession of BBN Studio.
The Client has the right to express their desired photoshoot date and their desired final image delivery date but agrees it is ultimately determined by BBN Studio.
1. d: Final Image/Content Delivery
BBN Studio's Final Images/Content Delivery ("Content Delivery") will be scheduled and determined by BBN Studio. The Client will receive their Content Delivery no later than the date finalized by BBN Studio and agreed upon by the Client.
Once the Client gives their final instructions during the post-production phase to BBN Studio, specifying which images they choose for BBN Studio to complete final edits on during the retouching process, the final payment will be due at this time. BBN Studio will finalize the Content Delivery date once the written instructions have been received by BBN Studio. Content Delivery will occur once the final payment for the specific project has been made.
BBN Studio will not move forward with the Client's project until BBN Studio has received clear instructions from the Client, determining which images to edit during the retouching process. The Client acknowledges and agrees that BBN Studio will not continue production on their project and therefore has the right to pause production until the Client gives clear instructions on which images/content to proceed with and final payment is made to BBN Studio. The Client may communicate clear instructions by 'liking' or commenting on the desired images in their album, or they can write down the number of the image they desire and send it to BBN Studio.
1. e: The Client has the right to revisit and evaluate the remaining images from the Client's photoshoot 60 days after receiving the final Content Delivery. The opportunity to select additional desired images from the photoshoot will be granted for an additional fee for any newly selected images. In other words, the Client agrees to compensate BBN Studio for any additional selected images that fall outside of their original agreed-upon Services package selection.
1. f: The Client acknowledges and agrees Content Delivery will be provided with BBN Studio's preferred method of Content Delivery.
1. g: Turn Around Times
The estimated times for Content Delivery are subject to change based on a number of factors, including but not limited to:
The Client agrees that turnaround times for Content Delivery start at 7-28 business days for standard order volumes under 20 total shots. This timeline does not apply to month-to-month contracts or large volume orders. The Client acknowledges that some projects may take longer depending on the requirements of the project.
An estimated delivery date for the Client's project will be given with the quote for the project, but will only be finalized once the products are in the possession of BBN Studio and the payment for the Client's project has been received.
Rush delivery is available upon request, subject to BBN Studio’s discretion and capabilities. Fees apply.
The estimated times for Content Delivery are subject to change based on a number of factors, including but not limited to:
1. Studio capacity at the time the product arrives at the studio.
2. When complete and clear shot direction is provided.
3. Circumstances involving forces beyond BBN Studio’s control, such as those included below:
BBN Studio is not liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation: strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, acts of God, epidemics or pandemics, government orders, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services.
1. h: Late Content Delivery
If Content Delivery is received late without written notice to the Client from BBN Studio after 24 hours of the Content Delivery due date, the Client may request a 5% refund on the value of the late images. This does not apply to late delivery on revisions or retouching.
1. i: Projects placed “on hold"
A project may be placed “on hold” before, during, or after production in the event that any part of the process is awaiting the Client's action and/or response. When the project is placed “on hold”, all production stops until the cause of the hold has been resolved. This may impact turnaround times, and due dates are subject to change.
Following sufficient response from the Client to remedy the issue leading to the hold, the hold will end, and production will resume its natural course. A new delivery date estimate will be provided in writing at the time that the hold is lifted.
2. Products, Props, & Styles
2. a: Product Exchange
The Client and BBN Studio will determine the best method of product exchange, whether it be by mail carrier, local pick-up, or travel. The Client acknowledges their responsibility for ensuring the safe delivery of the product(s). The Client acknowledges that if any damage occurs to the product(s), it is not BBN Studio's responsibility to fix or replace the products. The Client agrees they will send a replacement product if needed. The Client agrees to include a return shipping label in the box with their product(s). If this is not possible, the Client agrees to reimburse BBN Studio for any return shipping costs, and the price will be included on an invoice.
The Client is responsible for arranging and insuring the shipment of product(s) to BBN Studio after placing an order. Products cannot be sent, dropped off, or scheduled for pick-up without prior written permission from BBN Studio. BBN Studio is not liable for lost, damaged, or delayed products during shipment. The Client assumes all risks until the products are delivered and accepted by BBN Studio and agrees to hold BBN Studio harmless for any shipping-related issues.
2. c: Return Shipping Products
The Client is responsible for the cost and arrangement of return shipping. If a return shipping label is not provided, BBN Studio will decide the return method. Special shipping methods like overnight shipping require prior consent and are the Client's responsibility. No additional insurance beyond standard coverage will be added by BBN Studio.
2. d: Lost, Damaged, or Stolen Products
If any products arrive damaged to BBN Studio, the Client will be notified immediately via email, text, or phone call from BBN Studio. Products that experience any damage during the delivery process is not the responsibility of BBN Studio. Any products that are lost or stolen in the delivery process by the carrier is not the responsibility of BBN Studio. Products that experience damage or become lost or stolen are the responsibility of the Client and the Client acknowledges and accepts their responsibility to replace any products if they have not yet been photographed by BBN Studio and will issue new products to BBN Studio to fulfill the Service purchased through BBN Studio promptly.
If any products arrive damaged to BBN Studio, the Client will be notified immediately via email, text, or phone call from BBN Studio. Products that experience any damage during the delivery process is not the responsibility of BBN Studio. Any products that are lost or stolen in the delivery process by the carrier is not the responsibility of BBN Studio. Products that experience damage or become lost or stolen are the responsibility of the Client and the Client acknowledges and accepts their responsibility to replace any products if they have not yet been photographed by BBN Studio and will issue new products to BBN Studio to fulfill the Service purchased through BBN Studio promptly.
2. e: Product Care
BBN Studio agrees to be mindful and careful with the Client's product(s) during its time at the studio. If anything happens to disrupt the product's condition while at the studio, BBN Studio agrees to repair, replace, or purchase the product(s).
Proof of value in writing will need to be provided to BBN Studio for any and all claims.
BBN Studio is not responsible or liable for any damage or loss arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, acts of God, weather events, government orders, and interruptions, loss, or malfunctions of utilities, communications, computer (software and hardware) services, or the improper structure or integrity of the item(s).
2. f: Props for Styling
If the Client desires specific props to be styled with their products, it must be stated clearly in writing to BBN Studio 14 business days prior to the finalized photoshoot date. The Client may choose to compensate BBN Studio for the purchase and retrieval of the props or provide the props to BBN Studio for photographic use. If not specified in accordance with these terms, BBN Studio has the right and responsibility of prop sourcing and has free range as to what props are used for the Client's project.
2. g: Styles, Moods, & Aesthetics
2. g: Styles, Moods, & Aesthetics
If the Client does not specify in written form to BBN Studio their desired style, mood, and overall aesthetic for the content outcome 14 business days prior to the finalized photoshoot date, BBN Studio has the right and responsibility to determine what will be most effective for the Client's project.
3. Reshoots & Revisions
In order for the Client to qualify for complimentary reshoots and revisions, they must meet the requirements of the outlined reshoot and revision policies within sections 3.a and 3.b. The Client is required to give BBN Studio clear shot direction ("Instructions") before the finalized photoshoot date. Any Instructions must be legibly outlined in writing and delivered to BBN Studio before the finalized photoshoot date.
Instructions are defined as the following:
1. Written identification of which product(s) are to be photographed
2. Image reference showing how all products are to be positioned and styled.
3. Image reference for product styling and lighting to be applied to all image outcomes.
4. Image reference for what camera angle to use for all images.
5. Written notes detailing what props to use, and not to use and clear statement on where to style with said props.
The following types of Instructions do not qualify as clear shot direction:
1. Verbalizing direction over the phone or in person
1. Verbalizing direction over the phone or in person
2. Partial Instructions that are missing any element that has been outlined under what defines clear shot direction within these Terms of Service.
3. Contradictory or misleading information (for example, if a client requests straight on but provides an angled match image), of which BBN Studio cannot reasonably assume which element should supersede the other.
If the Instructions are not delivered within 5 business days prior to the finalized photoshoot date, the Clients agrees that BBN Studio has the right and responsibility to move forward with the Client's project to the best of their ability and the Client forfeits their rights to any complimentary reshoots and revisions if Instructions are not met according to these Terms of Service.
3. a: Reshoots:
In order for the Client to qualify for a complimentary reshoot, they must meet the requirements of BBN Studio's Qualified Reshoot Policy. If the Client does not meet these requirements, they will be offered a paid reshoot. Regardless of whether the Client qualifies for a complimentary reshoot or not, BBN Studio will do its absolute best to reschedule a secondary photoshoot as promptly as possible.
3. b: Qualified Reshoot Policy:
In order for the Client to qualify for a complimentary reshoot, they must meet the requirements of BBN Studio's Qualified Reshoot Policy. If the Client does not meet these requirements, they will be offered a paid reshoot. Regardless of whether the Client qualifies for a complimentary reshoot or not, BBN Studio will do its absolute best to reschedule a secondary photoshoot as promptly as possible.
3. b: Qualified Reshoot Policy:
A complimentary reshoot is possible if the original photoshoot requirements, as agreed upon by the Client and BBN Studio, are not followed. This includes aspects such as style, mood, aesthetics, image angles, and props. If BBN Studio determines that the Client's instructions were not followed, a complimentary reshoot will be offered. It's essential to have clear and documented instructions before the photoshoot date.
The Client must specify any unwanted styling props before the finalized photoshoot date. Instructions can be provided before, during, or after the consultation process but must be clear by the finalized photoshoot date.
If there are changes to the Client's instructions after the photoshoot, adjustments can be made within a timeframe that works for BBN Studio, and the cost will be added to the final invoice. The final invoice must be paid in full by the due date.
3. c: Revisions:
In order for the Client to qualify for complimentary revisions for their imagery services, they must meet the requirements of BBN Studio's Qualified Revisions Policy. If the Client does not meet these requirements, they will be offered a paid revisions option. Regardless of whether the Client qualifies for complimentary revisions or not, BBN Studio will do its absolute best to meet any revision requests.
3. d: Qualified Revisions Policy:
3. d: Qualified Revisions Policy:
Revision requests are defined as alterations or corrections to the visual content created and delivered by BBN Studio to the Client. Revision requests must be fully expressed to BBN Studio within 5 business days from the Client receiving final Content Delivery, in writing, with notes and markups clearly identifying the requested alterations. Verbal or other non-written information concerning revision requests will not be considered nor qualified under BBN Studio's Revisions Policy for complimentary revisions.
If the Client would like alterations made after 5 business days from the Content Delivery, the Client agrees to pay for the revision requests and will receive another invoice with a required due date for payment. If revision requests are made after 5 business days from Content Delivery, BBN Studio will schedule time for the revision requests that align with BBN Studio's timeframe.
If the Client clearly states their revision requests in writing within 5 business days of Content Delivery, BBN Studio agrees to fulfill the revision requests as long as they are within reason, as determined by BBN Studio, and provided in writing. Qualified revision requests include, but are not limited to, exposure and image lighting, cropping adjustments and image sizing, removing noticeable scratches and dust within the image, and color correction.
4. Image Storage
BBN Studio uses a third-party platform to deliver and store final images and content for the Client. The Client's access to files is granted as unlimited by BBN Studio, however, are also subject to the third party’s terms outside of BBN Studio.
BBN Studio makes no claim and accepts no responsibility regarding the quality, nature or reliability of third-party storage sites. The Client is responsible for viewing and abiding by the privacy statements and terms of use of the storage site in relation to their use of the site.
BBN Studio will keep Images available for at least 60 days after Content Delivery, after which the Images may be removed or deleted at BBN Studio’s discretion. The Client agrees that it is solely responsible for the storage and management of all Images after 60 days and agrees to hold BBN Studio harmless from all claims related thereto.
5. Copyright, Usage, & Licensing
Copyright Protection Agreement
This agreement outlines the terms and conditions related to the protection of copyrighted materials. It ensures that the intellectual property rights of BBN Studio and all content produced by BBN Studio are safeguarded against unauthorized use and distribution. By entering into this agreement with a purchase from BBN Studio, the Client acknowledges their responsibilities and the importance of respecting the legal rights of the services they receive from BBN Studio. This document provides a comprehensive framework to address any potential infringements and sets forth the procedures for resolving disputes, ensuring that all copyrighted works are properly credited and compensated. It also highlights the penalties and legal repercussions for any violations, thereby promoting fair and legal usage of intellectual property.
BBN Studio retains all copyrights to the images created under this contract. The Client is granted a limited license to use the images as specified in the "Usage Rights" section of this contract.
The Client agrees to the following conditions regarding copyright protection to ensure a comprehensive understanding and adherence to the rules and regulations governing intellectual property rights:
5. a: Acknowledgment of Copyright Ownership:
5. a: Acknowledgment of Copyright Ownership:
The Client acknowledges and respects the copyright ownership of all materials provided by BBN Studio. This includes, but is not limited to, all photography, digital files, design, video, and any related content created by BBN Studio under this Contract. The Client understands that BBN Studio retains full and exclusive rights to these materials.
5. b: Permitted Uses:
The Client agrees to use the copyrighted materials solely for the purposes outlined in these Terms of Service. This includes marketing, promotional activities, and any other uses specifically mentioned within the "Usage Rights" section. The Client is prohibited from using the images for any purposes that are not expressly permitted under this agreement.
5. c: Reproduction and Distribution Restrictions:
The Client will not reproduce, distribute, or create derivative works from the copyrighted materials without explicit written permission from BBN Studio. This includes, but is not limited to, making copies, selling, licensing, or otherwise transferring the images and content to third parties. The Client agrees to seek permission from BBN Studio before engaging in any activity that involves the reproduction or distribution of the images and content.
5. d: Modification and Alteration:
The Client agrees not to alter, edit, or modify the images and content in any way that misrepresents the original work. Any changes to the images and content must be approved by BBN Studio in writing. The Client understands that unauthorized modifications may compromise the integrity of the work and infringe on BBN Studio's copyright.
5. e: Attribution:
When using the images and content, the Client must provide appropriate credit to BBN Studio wherever possible. This includes mentioning BBN Studio's name in any publications, advertisements, or online platforms where the images and content created by BBN Studio are used. Proper attribution ensures that BBN Studio receives recognition for their work and helps maintain the integrity of the copyrighted material.
BBN Studio retains all rights, title, and interest, including copyright, in the images and visuals. The Client agrees to credit the Photographer whenever the images are used on social media, as follows: "Photo by [Davina Antonucci @boundbynature_studio]".
Failure to provide proper credit may result in additional fees.
5. f: Prohibited Uses:
The Client may not use the images for resale, sublicensing, or any other commercial exploitation without BBN Studio's permission. Additionally, the Client is prohibited from using the images in any manner that could be considered defamatory, obscene, or otherwise illegal. The Client agrees to respect the moral rights of BBN Studio and to use the images in a manner that aligns with the intended purpose of the Terms of Service.
5. g: Exclusive Rights of BBN Studio:
BBN Studio retains exclusive rights to use, display, and distribute the images for portfolio purposes, promotional activities, and any other lawful uses. The Client acknowledges that BBN Studio may showcase the images on their website, social media platforms, or in other promotional materials to demonstrate their work. The Client agrees not to interfere with BBN Studio's rights to use the images and content created by BBN Studio as outlined in this agreement.
5. h: Dispute Resolution:
Any disputes regarding the copyright or usage of the images and content created by BBN Studio will be resolved through mediation or arbitration, as agreed upon by both parties. The Client and BBN Studio agree to make a good-faith effort to resolve any disputes amicably before resorting to legal action. If mediation or arbitration is unsuccessful, the parties may pursue legal remedies in accordance with applicable laws.
5. i: Legal Consequences of Unauthorized Use:
The Client understands that any unauthorized use of the copyrighted materials may result in legal consequences. This includes potential claims for damages, injunctions to prevent further unauthorized use, and any other remedies available under copyright law. The Client agrees to take all necessary steps to prevent unauthorized use and to cooperate with BBN Studio in addressing any infringements.
5. j: Indemnification:
The Client agrees to indemnify and hold harmless BBN Studio against any claims, damages, or expenses arising from the Client's unauthorized use of the copyrighted materials. This includes, but is not limited to, legal fees, court costs, and any settlements or judgments resulting from copyright infringement claims. The Client acknowledges their responsibility to use the images in accordance with the terms of this agreement and to respect BBN Studio's intellectual property rights.
5. k: Usage Rights:
BBN Studio grants the Client a non-exclusive, non-transferable license to use the images for their intended commercial purposes. These purposes include, but are not limited to:
BBN Studio grants the Client a non-exclusive, non-transferable license to use the images for their intended commercial purposes. These purposes include, but are not limited to:
1. Website and online store
2. Social media platforms (e.g., Facebook, Instagram, Twitter)
3. Print advertising (e.g., magazines, newspapers, flyers)
4. Digital marketing campaigns (e.g., email newsletters, online ads)
5. Marketing materials (e.g., posters, banners, business cards)
6. Brochures and catalogs
7. Packaging and product labels
8. Trade shows and exhibitions
9. Internal presentations and training materials
The Client is permitted to resize, crop, and make minor adjustments to the images as needed for their intended use. However, any significant alterations or edits that change the fundamental nature of the images must be approved in writing by BBN Studio.
The Client may not sell, sublicense, or transfer the usage rights to any third party without the prior written consent of BBN Studio. This includes, but is not limited to, selling the images as stock photography or including them in products for resale.
In the event that the Client wishes to negotiate additional usage rights beyond those specified in this contract, such as exclusive rights or rights for high-volume commercial distribution, a separate agreement and additional fees may apply.
By entering into this contract, both parties acknowledge and agree to the terms outlined in this Usage Rights section.
6. Disputes
In the event of any dispute arising from or in connection with this contract, both parties agree to make a good faith effort to resolve the matter amicably through direct communication and negotiation. If a resolution cannot be reached through these informal means, the dispute shall be submitted to mediation before a mutually agreed-upon mediator. Mediation is a process in which both parties work with a neutral third party to reach a voluntary, negotiated resolution. The costs of mediation will be shared equally between the parties.
Should mediation fail to resolve the dispute, the matter will then be settled through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration is a more formal process where a neutral arbitrator or a panel of arbitrators will make a decision after hearing both sides' evidence and arguments. The decision of the arbitrator(s) will be final and binding on both parties. The location of the arbitration shall be Wilmington, North Carolina, unless both parties agree to a different location in writing.
Each party will be responsible for its own costs and attorney's fees incurred during the arbitration process. However, the costs of the arbitrator(s) and any administrative fees will be shared equally by both parties.
Furthermore, both parties agree that any arbitration will be conducted on an individual basis and not as a class, collective, or representative action. The arbitrator(s) shall have no authority to consider or resolve any claims or disputes on a class, collective, or representative basis.
By entering into this contract, both parties waive the right to a trial by jury or to participate in a class action. This Disputes section shall survive the termination or expiration of this contract.
7. Limitation of Liability
This Limitation of Liability Agreement ("Agreement") is made as part of the Product Photography Contract ("Contract") between BBN Studio and the Client, effective as of the date of the Contract. The intent of this Agreement is to limit BBN Studio's liability to the maximum extent permitted by law.
7. a: Scope of Liability
BBN Studio's liability for any claim arising from the services provided under this Contract is limited to the amount paid by the Client to BBN Studio. This limitation applies to all claims, whether based on breach of contract, tort (including negligence), or any other legal theory.
7. b: Client Dissatisfaction
BBN Studio is not responsible for any dissatisfaction with the final images, provided the services were performed to a commercially reasonable standard. The Client understands that photography is a subjective art form, and that BBN Studio's style and interpretation are unique. The Client acknowledges that they have reviewed BBN Studio's portfolio and are familiar with their work.
7. c: Loss or Damage to Products
BBN Studio is not liable for any loss or damage to the products during the photography session, except in cases of gross negligence or willful misconduct by BBN Studio. The Client is responsible for ensuring that all products are insured against loss or damage. The Client should provide detailed handling instructions to BBN Studio to minimize the risk of damage.
7. d: Indirect Damages
BBN Studio is not responsible for any indirect, incidental, or consequential damages arising from the services provided, including but not limited to loss of profits, revenue, or data. This limitation applies even if BBN Studio has been advised of the possibility of such damages. The Client agrees that BBN Studio's total liability for any claims shall not exceed the total amount paid by the Client for the services.
7. e: Force Majeure
BBN Studio is not liable for any delays or failures in performance resulting from circumstances beyond BBN Studio's control, including but not limited to natural disasters, acts of war, governmental restrictions, labor disputes, or other force majeure events. In such cases, BBN Studio will make reasonable efforts to reschedule the services. The Client agrees to cooperate with BBN Studio to find a mutually acceptable alternative date.
7. f: Technical Issues
BBN Studio is not responsible for any technical issues related to equipment failure, software malfunctions, or other unforeseen technical problems that may affect the quality or delivery of the images. BBN Studio will make reasonable efforts to resolve any technical issues promptly. The Client understands that despite best efforts, technical issues may arise that are beyond BBN Studio's control.
7. g: Intellectual Property Infringement
BBN Studio is not liable for any claims of intellectual property infringement arising from the use of third-party elements in the images, such as trademarks, logos, or copyrighted material. The Client is responsible for ensuring that all elements included in the products are free from infringement claims. The Client agrees to indemnify and hold harmless BBN Studio against any such claims.
7. h: Confidentiality
BBN Studio agrees to treat all information provided by the Client as confidential and will not disclose any such information to third parties without the Client's prior written consent. The Client agrees to provide all necessary information to BBN Studio to facilitate the completion of the services.
7. i: Dispute Resolution
Any disputes arising from this Contract will be resolved through mediation or arbitration, as agreed upon by both parties. The parties agree to make a good-faith effort to resolve any disputes amicably before resorting to legal action. If mediation or arbitration is unsuccessful, the parties may pursue legal remedies in accordance with applicable laws.
7. j: Waiver and Severability
Failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions will remain in effect. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable one that achieves the intended purpose.
8. General Conditions
These Terms of Service shall be governed by and interpreted in accordance with the laws of the state of North Carolina, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the state of North Carolina or federal courts located in Wilmington, North Carolina with respect to any dispute or claim arising out of or in connection with the Terms of Service.
8. a: The Client acknowledges and agree that BBN Studio may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on BBN Studio’s website, available at https://www.boundbynaturestudio.com/terms-conditions and such amendments to the Terms of Service are effective as of the date of posting. The Client’s continued use of the services after the amended Terms of Service are posted to BBN Studio’s website constitutes agreement to, and acceptance of, the amended Terms of Service. If the Client does not agree to any changes to the Terms of Service, they are free to choose to no longer use the service or place any orders with BBN Studio.
8. b: The Client may not use BBN Studio website for any illegal or unauthorized purpose. The Client will comply with all applicable laws, rules and regulations in any use of BBN Studio's website. The Client agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website.
8. c: The Client understand that personal identification information, which may include the Client’s name, business name, contact information and other information the Client may provide to BBN Studio (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. a: The Client acknowledges and agree that BBN Studio may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on BBN Studio’s website, available at https://www.boundbynaturestudio.com/terms-conditions and such amendments to the Terms of Service are effective as of the date of posting. The Client’s continued use of the services after the amended Terms of Service are posted to BBN Studio’s website constitutes agreement to, and acceptance of, the amended Terms of Service. If the Client does not agree to any changes to the Terms of Service, they are free to choose to no longer use the service or place any orders with BBN Studio.
8. b: The Client may not use BBN Studio website for any illegal or unauthorized purpose. The Client will comply with all applicable laws, rules and regulations in any use of BBN Studio's website. The Client agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website.
8. c: The Client understand that personal identification information, which may include the Client’s name, business name, contact information and other information the Client may provide to BBN Studio (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. Cancelation Policy:
If the Client decides not to proceed with a project, they must give notice to BBN Studio in writing no later than one week prior to the photoshoot date to avoid a cancellation or rescheduling fee. The amount of the fee will be 20% of the total amount due for Services. There will be no cancellation or rescheduling fee if written notice is given prior to the week of the photoshoot date.
Nonrefundable Deposit:
The Client agrees that some projects will require a non-refundable deposit prior to the photoshoot, depending on the complexity of the photoshoot. This deposit amount will be decided upon and stated in the specific project invoice.
Once the final Content Delivery has been made, the Client forfeits their right to a refund. All sales are final.
10. Payment Policy:
The Client acknowledges that the total payment for Services is due before the delivery of the final images. The Client agrees to pay BBN Studio through direct deposit, check, Venmo, PayPal, or another form of payment specified by BBN Studio, in a timely manner, to ensure smooth production.